Our International Trade and Arbitration Group
As the world increasingly goes global, the prevalence of arbitration and trade law cannot be overstated. Canadian businesses are engaging in cross-border transactions and substantially investing abroad at an unprecedented pace. Clients need a law firm that enables them to compete and win on the international stage — and Borden Ladner Gervais LLP (BLG) is that firm.
Working alongside our clients as part of your team, BLG makes the most of national and trans-national laws that shape the global procession of goods, investment, capital, technology and services and provides clients with service that enables them to compete – and emerge ahead – on the international stage.
And with BLG's global involvement has come global recognition. Professionals in the International Trade and Arbitration Group have been listed as “Most Frequently Recommended” in the 2010 Canadian Legal Lexpert Directory as well as recognized as leaders in their field in the 2010 edition of Best Lawyers in Canada and the 2010 edition of Chambers Global. Clients of the Firm described this Group in Chambers Global – The World's Leading Lawyers as an “outfit that continues to go from strength to strength” and “offers a diverse trade and procurement practice.” The publication also described the Group as “a leading group for investor-state disputes. It advises on WTO disputes as well as proceedings under Canada 's Special Import Measures Act and Customs Act.” With unparalleled knowledge and experience, BLG's International Trade and Arbitration Group respond with commitment and vigour to the needs of our clients — and it shows in our results.
For clients looking for a firm that really can operate across the gamut of international trade and arbitration, BLG has experience representing corporations, governments, and industry groups as advisors and counsel in domestic and international commercial arbitration matters; in trade disputes involving allegations of dumping and subsidies before the World Trade Organization (WTO) and the Canadian International Trade Tribunal (CITT); in arbitrations under investment protection treaties such as the North American Free Trade Agreement (NAFTA); in government procurement disputes before the CITT and the Canadian Federal Court of Appeal; and in export control and customs compliance issues with the Canadian Export and Import Control Bureau and the Canada Border Services Agency (CBSA).
Furthermore, BLG's arbitration lawyers have participated in domestic commercial arbitration proceedings across Canada, both ad hoc and administered by institutions such as the ADR Institute of Canada, Inc. (ADRIC), the British Columbia International Commercial Arbitration Centre (BCICAC), and the National Automobile Dealer Arbitration Program. They also have participated in international arbitrations in Canada, the United States, and elsewhere, involving a wide range of industries and subject matters, and administered by leading arbitral institutions such as the London Court of International Arbitration (LCIA), International Centre for the Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), and the American Arbitration Association's International Centre for Dispute Resolution (ICDR).
Our size, depth and breadth of experience mean we have the resources to assemble a highly integrated legal team that provides the advice and representation required to meet the needs of our clients. At BLG, it begins with service to deliver results.
For more information on our extensive international trade and arbitration experience, please see the following key areas in which we practice:
International and Domestic Commercial Arbitration
Business ventures often cross international lines, and there is always a risk of disputes. Because of the existence of a network of international treaties, international arbitration awards can be enforced around the world more easily than the judgments of national courts. Lawyers at Borden Ladner Gervais LLP (BLG) are specifically trained to design suitable dispute resolution processes, and often appear as counsel in arbitration proceedings. Our versatility is further enhanced by our ability to provide services in English and French, and to practice in both common law and civil law environments.
OUR SERVICES
The Group's services include:
- drafting and reviewing arbitration clauses and other dispute resolution agreements
- advice on creative dispute resolution alternatives
- assistance in selecting and appointing arbitrators
- choosing appropriate arbitration rules of procedure
- advice concerning the rules and processes of arbitral institutions such as the ICC, LCIA, ICDR, AAA, BCICAC, ADRIC and others
- effectively presenting written and oral evidence before arbitral tribunals
- counsel in domestic and international commercial disputes
- enforcing and challenging arbitration awards
- assisting foreign parties and their counsel in gathering evidence in Canada
- advice and counsel concerning investor-state arbitrations and claims under bi-lateral investment treaties such as NAFTA
- acting as arbitrators in national and international arbitral proceedings
Because we are part of a national firm with a broad practice reach, we can draw on extensive industry expertise. We have handled major cases for clients involving many other industries, including:
- Aerospace – BLG acts as counsel in an international arbitration involving multi-million dollar claims arising from a malfunctioning communication satellite.
- Automotive – BLG acts as counsel on numerous arbitrations concerning commercial disputes associated with the automotive industry and automobile dealerships, including NADAP arbitrations and appeals.
- Banking – BLG acted as counsel in an ICC arbitration arising from the acquisition of the Canadian subsidiary of a major international bank, and has a significant banking practice.
- Construction & Engineering – BLG lawyers have appeared as counsel throughout Canada and abroad in complex arbitrations to resolve disputes concerning such matters as chemical plans, pulp mills and infrastructure projects.
- Electrical Energy – BLG has acted as counsel in arbitrations concerning power purchase and sale agreements, electricity trades and the construction of gas-fired and run-of-river power projects.
- Import / Export – We have significant experience acting for importers and exporters resolving disputes caused by the delivery of defective goods, recovering losses and assisting clients with developing successful export compliance programs.
- Insurance and Reinsurance – BLG frequently acts as counsel in arbitration proceedings involving insurance and reinsurance issues.
- Intellectual Property – BLG has one of the largest IP practices in Canada, and our lawyers frequently particpate in court, adminsitrative and arbitral proceedings concerning intellectual property interests
- Mining and Forestry – We have had extensive experience in domestic and international disputes relating to the forestry and mining industries.
- Oil & Gas – BLG has acted as counsel in numerous oil and gas industry disputes, including major claims relating to oil sands projects.
- Real Estate – Many members of the BLG Commercial Arbitration Group appear as counsel in domestic arbitrations concerning Canadian real estate investments, leasing and property development matters.
- Technology - BLG lawyers have acted as counsel in international arbitrations concerning software development, licensing and distribution, internet services and other technology related issues.
Investment Treaty Arbitration
With massive expansion of foreign direct investment and the related growth in bilateral investment treaties (179 countries have now entered into more than 2600 bilateral investment treaties designed to promote and protect foreign investments), investor-state arbitration is an increasingly important tool for businesses needing to resolve disputes with foreign government entities. As investment disputes are legally complex and usually involve significant damages claims, their resolution calls for a high degree of knowledge in both public international law and international commercial arbitration; BLG can help you navigate this territory with confidence since our professionals are highly experienced in the conduct of arbitration under investment treaties.
Members of our Group have provided advice and representation in more ICSID and UNCITRAL investor-state arbitrations than any other Canadian law firm. We have represented the Government of Mexico in all of its investor-state cases and have advised numerous other government and private sector clients in connection with this new and potent legal remedy. A current list of our investor-state cases includes:
As counsel to a disputing party:
- Robert Azinian and others v. United Mexican States, ICSID Case No. ARB(AF)/97/2;
- Metalclad Corporation v. United Mexican States, ICSID Case No. ARB(AF)/97/1;
- Waste Management, Inc. v. United Mexican States, ICSID Case No. ARB(AF)/98/2;
- Marvin Roy Feldman v. United Mexican States, ICSID Case No. ARB(AF)/99/1;
- GAMI Investments, Inc. v. United Mexican States,,UNCITRAL Arbitration Rules
- International Thunderbird Gaming, Inc. v. United Mexican States, UNCITRAL Arbitration Rules;
- Fireman's Fund Insurance Company v. United Mexican States, ICSID Case No. ARB(AF)/02/1;
- Waste Management, Inc. v. United Mexican States, ICSID Case No. ARB(AF) 00/3.;
- Tecmed v. United Mexican States, ICSID Case No. ARB(AF)/00/2
- Corn Products International, Inc. v. United Mexican States, ICSID Case No. ARB(AF)/04/1;
- Bayview Irrigation District et al v. United Mexican States, ICSID Case No. ARB(AF)/05/1;
- Archer Daniels Midland Company and Tate & Lyle Ingredients Americas, Inc. v. United Mexican States, ICSID Case No. ARB(AF)/04/5;
- Cargill Inc. v. United Mexican States, ICSID Case No. ARB(AF)/05/2;
- Gemplus S.A. and Talsud S.A. v. United Mexican States, ICSID Case No. ARB(AF)/04/3.
As counsel and/or advisor to an intervening NAFTA Party
- Ethyl Corporation v. Government of Canada, UNCITRAL Arbitration Rules
- Pope & Talbot, Inc. v. Government of Canada, UNCITRAL Arbitration Rules;
- Methanex Corporation v United States of America, UNCITRAL Arbitration Rules;
- S.D.. Myers, Inc v. Government of Canada ,UNCITRAL Arbitration Rules;
- United Parcel Service of America, Inc. v. Government of Canada, UNCITRAL Arbitration Rules
- Merrill & Ring Forestry LP v. Government of Canada, UNCITRAL Arbitration Rules
For further information contact J. Cameron Mowatt (604.640.4178, cmowatt@blg.com)
WTO and Domestic Trade Law
A complex web of international agreements and domestic regulation governs trade throughout the world. When commercial enterprises or governments fail to respect the requirements of trade, the international trade lawyers at Borden Ladner Gervais LLP (BLG) have the experience and expertise to help those affected. As well, when governments allege that private entities have failed to respect Canada's import or export regulations, BLG offers timely and effective representation.
Our trade law professionals offer a full range of trade remedy and trade advisory services to governments and business in Canada and around the world. Members of our Group have represented governments and private interests in Geneva in WTO proceedings, in the United States in matters arising under NAFTA, in courts and tribunals throughout Canada in respect of dumping and subsidy cases pursuant to the Special Import Measures Act (SIMA), and import activities under the Customs Act.
We have advised government and private commercial interests during the Uruguay Round negotiations leading to the creation of the WTO, including matters relating to agriculture, anti-dumping, and countervailing duties and investments. Group members acted for the Government of Mexico during the NAFTA negotiations, advising on all aspects of the General Agreement on Tariffs and Trade (GATT), relevant free trade agreements and domestic Canadian law. Currently, our team members are advising governments and private commercial interests during the Doha Round negotiations.
In recognition of our Group's experience and qualifications in the trade law area, our lawyers have been appointed to hear and decide dispute settlements arising under the NAFTA and as a member of the Federal Government Expert's Advisory Committee on NAFTA.
OUR SERVICES
The Group's services include:
- representing private commercial interests and governments in domestic and international trade remedy dispute proceedings;
- advising government, state enterprises, regulatory bodies and private commercial enterprises in respect of the application of and compliance with obligations under existing international trade agreements including NAFTA, the World Trade Organization Agreement, Canada-Chile Free Trade Agreement, Canada-Israel Free Trade Agreement, and Canada-Costa Rica Free Trade Agreement;
- negotiating and providing legal advice to government and private commercial interests involved in the negotiation of bilateral and multilateral trade agreements;
- providing dispute settlement advice to governments, state enterprises, and private commercial interests relating to international trade and government procurement disputes;
- representing private commercial interests before all regulatory and adjudicative bodies involved with international trade and government procurement matters in Canada, including the CITT, CBSA, the Canadian Federal Courts, the Supreme Court of Canada and Binational panels established under Chapters 19 and 20 of NAFTA; and
- advising on all aspects of Canadian domestic law applicable to trading goods and services, including customs issues under the Customs Act and Customs Tariff, anti-dumping and countervailing duty and safeguard actions under the SIMA, import/export restraints and permits and trade sanctions under the Export and Import Permits Act, the Special Economic Measures Act, the Foreign Extra-territorial Measures Act, and the United Nations Act, and inter-provincial trade disputes under the Agreement on Internal Trade.
Government Contracting and Public Procurement Law
When the need arises for you to work with government procurement, you can be safe in the knowledge that you have an experienced business partner who understands and appreciates the complexities of the situation. The Government Contracting and Public Procurement Law Group at Borden Ladner Gervais LLP (BLG) is regularly called upon to represent national and multinational corporations on all aspects of government procurement and contracting. Our advice spans the entire process: formulating the procurement strategy, analyzing solicitation documents, assessing terms and conditions, developing the procurement proposal and, when necessary, assisting with bid challenges.
Our Group has advised all levels of government in Canada on matters involving complex and controversial procurements. Members of our Group have written extensively on the subject of government contracting and public procurement and are frequently called on to speak to audiences in Canada and abroad on these topics.
Members of our Group have represented clients in many of Canada's most significant procurements. We have been directly involved in the federal government's procurement of:
- the in-service support for the acquisition of Iroquois and Halifax Class Warships by the Department of National Defence (“DND”);
- the in-service support for DND's Victoria Class Submarines;
the supply and installation of a multi-spectral electro optics/infra-red suite for use on DND's CP140 Aurora Aircraft;
- the provision of equipment repair and overhaul services for various DND aircraft;
- the supply and installation of cable distribution systems for voice and data and buildings occupied by DND;
- the provision of airborne training services for and of air charter services to DND;
- the provision of air transport services for Canada Post Corporation;
- the development and implementation of a consolidated plan for UNIX server services and the establishment of the services, equipment, and software necessary to implement the servers; and
- the provision of professional audit services.
Export Controls
In this current economic environment, our clients need efficient trade, which makes compliance with export controls paramount. The lawyers at Borden Ladner Gervais LLP (BLG) are integral in providing clients with successful export compliance programs. Whether clients are dealing with provisions found in Canada's Export and Import Permits Act, the United Nations Act or the Foreign Extraterritorial Measures Act, among others, BLG is passionate about helping clients seize and maximize the available opportunities while managing and minimizing risks.
Members of our Group provide advice in all areas of export controls.